Adverse Possession

Question 1

Basic Concept

Answer 1

Possession for a statuorily prescribed period can (under conditions) ripen into title to real property

Question 2

Elements

Answer 2

Continuous
Open and Notorious
Actual and Exclusive
Hostile

Question 3

Continious

Answer 3

Intermmittent periods of occupancy are not sufficient, however constant use by the claimant is not requied so long as possession is OF A TYPE that the usual owner would make (summer possession in summer house)

Doesn’t need to be CONT by same person. An adverse possessor can TACK her own possessio onto the periods of AP of her precedecsssors

Question 4

Open and Notorious POssession

Answer 4

Must be sufficiently apparent to put the true owner on NOTICE that a trespass is occuring

Question 5

Actual and Exclusive

Answer 5

Must actually OCCUPY the land.

However, doesnt always need to be actual possession of ENTIRE PARCEL if you enter under COLOR OF TITLE (faulty deed).

In case of a unitary tract, If there is REASONABLE PROPORTION between the part actually possessed and the whole, AND the possessor has color of title, she can get constructive possession of the whole land.

Posessor is not sharing with the true owner or the public

Question 6

Hostile

Answer 6

Possessor enters without owners permission.

PERMISSION DEFEATS HOSTILITY.

Adverse possessors state of mind is IRRELEVANT. Can be accidental or purposeful. Hostility is objective

Possession based on false claim of right, such as a bad deed, is hostile

Question 7

Tacking (Continious)

Answer 7

Can tack so long as there is PRIVITY between posessors.

Privity satisfied by any non-hostile nexus. Absent when possessor acquires possession by outsing his predecessor in possession.

Question 8

Disability Exception

Answer 8

Statute of limitations will not run against a true owner who is affect b y a DISABILITY AT THE INCEPTION of the adverse possession.

Common disabilities:
Insanity; in prison; infancy

Question 9

Adverse Possession on future interersts

Answer 9

Will take over the future interest, not the ownership.

Example: O grants life estate to A. X satisfies elements of AP. X gets life estate, not ownership.

Question 10

Adverse Possessor and covenants

Answer 10

If AP uses land in violation of a recorded real covenant for the limitations period, she takes title free of the real covenant